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Patna High Court

Pappu Chaudhary @ Raj Kumar ChaudharyversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioner.

Summary

The petitioner, Pappu Chaudhary, applied for bail in an excise case (Case No. 1764 of 2025) alleging violation of Section 30(a) of the Bihar Prohibition and Excise Act for possession of 300 litres of liquor recovered from a co‑accused's house. The petitioner argued that no liquor was found in his personal possession, that he was falsely implicated, and that the prosecution had not complied with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023. The State opposed the bail, but the court noted the petitioner’s custody since September 2025, his single prior criminal antecedent, and the fact that a co‑accused had already been granted bail. Considering these circumstances, the court decided to grant bail. The petitioner was ordered to furnish a bail bond of Rs. 15,000 with two sureties of the same amount.

Issues considered

  • Whether bail should be granted to the petitioner in an offence under Section 30(a) of the Bihar Prohibition and Excise Act
  • Whether the prosecution complied with the requirements of Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023

Legislation cited

Subjects

  • bail
  • excise offence
  • liquor possession
  • Section 30(a)
  • Bihar Prohibition and Excise Act
  • Bharatiya Nagarika Suraksha Sanhita
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.8491 of 2026
                       Arising Out of PS. Case No.-1764 Year-2025 Thana- Excise P.S. District- Patna
                 ======================================================
                 Pappu Chaudhary @ Raj Kumar Chaudhary Son of Late Rambabu Chaudhary
                 Resident of Village - Sadipur Machua Toli, Police Station - Alamganj, District
                 - Patna

                                                                                      ... ... Petitioner/s
                                                         Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr. Satish Kumar, Advocate
                 For the Opposite Party/s :         Mr. Madan Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   04-02-2026             Heard learned counsel for the petitioner and learned APP

                   for the State.

                           2. The petitioner seeks bail in connection with Excise

                   Patna P.S. Case No. 1764 of 2025 instituted for the offences

                   punishable under Section 30(a) of the Bihar Prohibition and

                   Excise Act.

                               3. The prosecution case, in short, is that total 300 litres

                   of liquor has been recovered from the house of the co-accused.

                               4. Learned counsel for the petitioner submitted that the

                   petitioner has falsely been implicated in the present case. No

                   incriminating article has been recovered from the conscious

                   possession of the petitioner rather the recovery has been made

                   from the joint house of the co-accused, where other family
           Patna High Court CR. MISC. No.8491 of 2026(2) dt.04-02-2026
                                                       2/2




                     members of the petitioner also reside. The petitioner has got no

                     concern with the alleged recovery of liquor. The petitioner is in

                     custody since 25.09.2025 and has one criminal antecedent.

                     There is no compliance of Section 103 of the Bharatiya

                     Nagarika Suraksha Sanhita, 2023. Other co-accused has been

                     granted bail by this Court vide order dated 26.11.2025, passed in

                     Cr. Misc. No. 80292 of 2025.

                                5. Learned APP for the State has vehemently opposed

                     the prayer for grant of bail to the petitioner.

                                6. Considering the aforesaid facts and circumstances of

                     the case as also the period of custody undergone by the

                     petitioner, this Court is inclined to grant bail to the petitioner.

                                7. Let the petitioner be released on bail on furnishing

                     bail bonds of Rs. 15,000/- ( Rupees Fifteen Thousand) with two

                     sureties of the like amount each to the satisfaction of Court

                     below/concerned Court in connection with Excise Patna P.S.

                     Case No. 1764 of 2025.


                                                                  (Rudra Prakash Mishra, J)

Raj Kishore/-

U      T


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